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State v. Thomas8/30/2002
hat he was under formal arrest for Fifth Amendment purposes when he gave his second statement; therefore, Miranda warnings were not required. As stated earlier, for Miranda to apply there must be both "custody" and "interrogation," and here, clearly, there was no "custody."
The judgment of the trial court is reversed and the cause is remanded for proceedings consistent with this opinion.
REVERSED AND REMANDED.
Cobb, Baschab, Shaw, and Wise, JJ., concur.
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